PEOPLE v. BISHOP

Docket No. B106237.

56 Cal.App.4th 1245 (1997)

THE PEOPLE, Plaintiff and Appellant, v. LELAND CLARK BISHOP, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

August 4, 1997.


Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, George M. Palmer, Diana L. Summerhayes and Natasha S. Cooper, Deputy District Attorneys, for Plaintiff and Appellant.

Michael P. Judge, Public Defender, Albert J. Menaster, Elizabeth Warner-Sterkenburg and Alex Ricciardulli, Deputy Public Defenders, for Defendant and Respondent.


OPINION

MASTERSON, J.

The discretionary decision whether to dismiss a "strike" in furtherance of justice requires consideration of the legitimate interests of society and of the defendant. Appellate review of that decision is limited. In this opinion, we reject the People's argument that the trial court abused this discretion by failing to give the proper weight to "aggravating factors" as balanced against factors favoring leniency...

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